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……RESPONDENTS (Appeal from a judgment of the High Court of Kenya at Mombasa (Bhandari, J) dated October 13, 1983 In High Court Civil Case No 26 of 1983) ________________ JUDGMENT OF HANCOX, J A I have had the advantage of…

…reading in draft the judgment of Platt, Ag J A.…

…The application for summary judgment should not be allowed as there are triable issues in the matter to be heard at the Business Premises Rent (sic) Tribunal. 2.…

…I said early that the proceedings in the Tribunal were filed exactly one year after the suit had been filed and only after the application for summary judgment.…

…In my judgment the belief that the Appellant entertained was reasonable. Its reasonableness is demonstrated by the fact that the scrap metal did fall into the tractor.…

…In Raden’s case Kwach JA cited an earlier paragraph from the judgment of Forbes V – P in Plotti v Acacia Co. 1959 EA 248 at p 251 where he cited this passage: “……………..…

…entry of judgment against their clients within 7 days.…

…They also indicated their intention of filing in court an application for summary judgment.…

…From the diametrical rival positions of the litigants the hearing of the case by the Court and the Court’s judgment was the only possible solution.…

…On the same day a judgment was entered by the Court on the terms of that letter.…

…REPUBLIC OF KENYA Dola v Attorney General High Court, at Mombasa August 27, 1992 Omolo J Civil Case No. 327 of 1989 August 27, 1992, Omolo J delivered the following Judgment.…

…By the time I started on this judgment (6th August, 1992) I had not seen any submissions from counsel for the Defendant. I take it that she has none to make.…

…REPUBLIC OF KENYA Jefa v Kenya Ports Authority High Court, at Mombasa June 9, 1992 Omolo J Civil Case No. 721 of 1988 June 9, 1992,Omolo J delivered the following Judgment.…

…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…

…There shall therefore be judgment for the plaintiffs and against the defendants jointly and severely in the sum of Kshs 17,105 plus costs and interest. October 28, 1985 Bhandari J…

…OF KENYA LIMITED ..............RESPONDENT (Appeal from the ruling and subsequent decree of the High Court of Kenya at Mombasa (Justice Wambilyangah) dated 23rd March, 1994 in HCCC No 17 of 1993) *********************** JUDGMENT…

…On the question of what judgment was given, we are satisfied the judge could only and must have entered judgment for the sum of Shs 428,871/30 which was the sum claimed in the plaint.…

…In the same case Platt JA held and the other members of the court agreed with his Lordship that if there is no service, then ex debito justitiae, the judgment in default must be set aside.…

…He further depones that on sale of the vehicle, the judgment debt due will be credited with the amounts realized.…

…Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.…

…This judgment was given on February 3, 1981, that is four years ago. On the other hand, the back injury in that case was much more severe than in our case.…

…Advocates Anjarwalla for plaintiff Juma for defendants February 8, 1985, Mandari J delivered the following Judgment.…

…This judgment was given on February 3, 1981, that is four years ago. On the other hand, the back injury in that case was much more severe than in our case.…

…REPUBLIC OF KENYA Highway Carriers Ltd v Mahrus High Court, at Mombasa May 12, 1985 Aragon J Civil Suit No 494 of 1976 May 12, 1985, Aragon J delivered the following Judgment.…

…an application to set aside the ex-parte judgment in Civil Case No 76 of 1992.…

…– “Where judgment has been entered under this Order the Court may set aside or vary such judgment and any consequential decree or order upon such terms as are just” Courts have been very liberal on applications of this nature…

…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…A review should, normally, under the relevant Rules, go before the Judgewhose judgment or order is to be reviewed.…

…But, mark you, the request for judgment for Shs 1,200/- was filed on march 3rd, 1988 and an ex parte judgment entered on March 7th, 1988.…

…a perfectly valid judgment.…

…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…A review should, normally, under the relevant Rules, go before the Judgewhose judgment or order is to be reviewed.…

…Firstly that the judgment which this court pronounced on 10th March, 1989, after an ex parte trial, be vacated.…

…Mr Kishor Nanji, counsel on record for the respondent company conceded that the hearing notice was returned undelivered, but long after the judgment sought to be vacated had been delivered.…

…RESPONDENT RULING By a motion on notice dated 15th March, 1989, the plaintiff applied for judgment for Kshs 135,230/- under order XXIV rule 6 Civil Procedure Rules.…

…Once a judgment is entered then he would be estopped from challenging it later unless on grounds which would vitiate a contract.…